Court Orders Status Quo on Trademark Assignment, Imposes Costs for Suppression of Material Documents
In a significant judgment concerning trademark rights, the Delhi High Court has acknowledged Mandeep Singh's 50% intellectual property rights in the 'Instant Bollywood' brand and its associated device mark, while issuing interim directions to maintain the status quo regarding the assignment of trademarks. The case revolves around the petitioner, Mandeep Singh, seeking rectification of trademarks registered exclusively in the name of Shabir Momin, the respondent, despite an agreement acknowledging Singh's joint ownership rights in the brand.
The court, presided over by Justice Manmeet Pritam Singh Arora, noted that Singh's rights were prima facie acknowledged in the agreement dated June 13, 2019, between Singh and One Digital Entertainment Pte. Ltd. (ODE), and in subsequent legal notices exchanged between the parties. Interim directions were issued to prevent the creation of third-party interests in the subject trademarks until the disposal of interim applications, ensuring the protection of Singh’s rights.
The case was complicated by the assignment of trademark rights by Shabir Momin to Times Internet Inc., which prompted Singh to file a petition for cancellation and rectification of the trademark registrations under Section 57(2) of the Trademarks Act, 1999. Times Internet Inc. was impleaded as a necessary party, acknowledging its assertion of rights through an assignment agreement dated October 24, 2025. The court directed the respondents to maintain status quo with respect to the assignment and barred them from creating third-party interests.
Justice Arora also addressed the issue of suppression of material documents by Singh, which included prior knowledge of trademark registrations dating back to September 2022. Despite deeming the non-disclosure as suppression, the court chose to entertain the injunction application due to the prima facie acknowledgment of Singh's rights. However, it imposed a penalty of Rs. 5 lakhs on Singh for suppression of material facts, payable to the Delhi High Court Legal Services Committee within two weeks.
The court granted Singh permission to file additional documents within 30 days under the provisions of the Commercial Courts Act, 2015, and the Delhi High Court Original Side Rules, 2018. Exemption from filing clear typed copies was also granted, subject to compliance within two weeks.
The case is scheduled for further proceedings on February 12, 2026, before the learned Joint Registrar, with a court hearing set for May 6, 2026. The digitally signed copy of the order, available on the Delhi High Court's official website, will serve as a certified copy for compliance purposes.
This judgment underscores the complexity and intricacies involved in intellectual property disputes, particularly in the entertainment industry, and highlights the importance of clear documentation and disclosure in legal proceedings.
Bottom Line:
Trademark Law - Interim directions issued to maintain status quo regarding assignment of trademarks while acknowledging 50% intellectual property rights of the petitioner in the brand "Instant Bollywood" and its device mark. Costs imposed on the petitioner for suppression of material documents.
Statutory provision(s): Trademarks Act, 1999 Section 57(2), Civil Procedure Code, 1908 Order XI Rule 1(4), Commercial Courts Act, 2015, Civil Procedure Code, 1908 Section 151
Mandeep Singh v. Shabir Momin, (Delhi) : Law Finder Doc Id # 2822380
